Category Archives: oa.contracts

Modular model contracts for OA Books (Vertragsgenerator für Open-Access-Buchpublikationen) | AuROA

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The biggest goal of the joint research project AuROA is standardising Open Access book publishing by developing legally secure, versatile model contracts. These cover important subjects such as usage rights, agreed services as well as publishing licenses. The basis for developing the contracts are the individual steps in the project: the stakeholder process, the catalog of services, and the discussion of quality criteria. The contracts are intended to provide a legally secure framework for the high standards of scientific publications as well as to reduce uncertainties and reservations about Open Access among all parties involved.

The contracts are made permanently and freely available to authors, publishers and libraries as well as other interested parties.

 

Der Vertragsgenerator wurde vom Team AuROA an der Universitätsbibliothek Duisburg-Essen in Zusammenarbeit mit der Kanzlei iRights.law entwickelt, um Unsicherheiten sowie Vorbehalte gegenüber Open Access abzubauen. Die häufig ungleiche Kenntnis über Vertragsinhalte birgt die Gefahr eines einseitigen Macht- und Wissensgefälles. Infolgedessen dient der Vertragsgenerator als Basis für eine gleichberechtigte Zusammenarbeit von verschiedenen Akteur:innen innerhalb der Open-Access-Publikationslandschaft. Grundlage ist die Vergabe einer CC-Lizenz durch die Autor:innen, die weitere Nachnutzungen durch diverse Publikationsdienstleister ermöglicht.

Scholars contributing to books risk their livelihoods | Times Higher Education (THE)

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“There are lots of reasons why you, a middling academic, might want to edit or contribute to a collection of essays. These include pride, intellectual kudos or, in the UK, a need to boost your likely rating in the Research Excellence Framework (REF). The one thing you don’t do it for is the royalty cheque which is small or, more probably, non-existent.

On the other hand, at least accepting the invitation won’t cost you, except in time. Or will it? Increasingly, you would be wise to look carefully at the contract before you agree to it….

In the old days, contracts didn’t amount to much. You would probably guarantee originality and that, to the best of your knowledge, your work was not defamatory or illegal, but that was it. No longer, however. One publisher (I won’t name it, but it’s part of a major international conglomerate) insists on a contract stating that “the Author will indemnify and hold harmless the Publishers against any loss, damages, injury, costs and expenses (including any legal costs or expenses, and any compensation costs paid by the Publishers) arising from any alleged facts or circumstances which, if true, would constitute a breach of the warranty”.

Even if such verbiage makes your eyes glaze over, think carefully. You’re guaranteeing to pay from your own pocket, without limitation, for all the consequences to the publisher of any breach of copyright, libel or breach of privacy….:

OSU, PSU and UO Libraries initiate negotiations with Elsevier | Libraries | Oregon State University

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Oregon State University Libraries, Portland State University Library, and the University of Oregon Libraries are entering into contract negotiations with Elsevier for journal access in 2023, and for up to three years beyond that. For the sake of transparency, we want to reach out to our respective campuses to provide you with the goals we hope to achieve with this renewal cycle.

Automatic Textbook Billing Contract Library – SPARC

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“SPARC created the Automatic Textbook Billing Contract Library as a resource for advocates and institutions to understand the legal agreements behind automatic textbook billing. Known by brand names like “Inclusive Access” and “First Day,” these programs charge the cost of digital course materials directly to each student’s tuition and fee bill, often without confirming their consent. While vendors say this model provides access, many students think it limits their options. Colleges and universities have a responsibility to prioritize the needs of students—not vendors—and that starts with reading the fine print….”

Contracts Library – SPARC

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“A number of libraries and consortia have provided the full text of Big Deal licenses. These provide useful information about the terms and conditions publisher may seek to include in their standard agreements. For tips on how to acquire additional contracts not listed here, see our “Freedom of Information Requests” guide. If you have an agreement that can be lawfully shared here, please contact us. We’ve also compilled tips on pushing back against confidentiality clauses and NDAs. …”

As Elsevier Falters, Wiley Succeeds in Open-Access Deal Making | The Scientist Magazine®

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“Over the last few years, Project DEAL, a consortium that represents around 700 academic institutions in Germany, has been in negotiations for nationwide licensing agreements with three of the largest scholarly publishers—Elsevier, Springer Nature, and Wiley. Most of the news surrounding the effort has focused on disputes with Elsevier, which have led to lapses in subscriptions and lost access to the publisher’s journals. But the tune changed in January when DEAL announced its first triumph: a deal with Wiley.

Under the new agreement, which lasts for three years and commences in July, researchers at DEAL-represented institutions will be able to both publish open-access articles and read any papers in the publisher’s journals for a single fee. The final sum will depend on the total number of articles published by German researchers, which, according to the contract, is expected to amount to 9,500 papers per year and cost €26,125,000 (around $29.5 million USD) annually….”

Following UC’s break with Elsevier, messages of support from around the world pour in | UC Berkeley Library News

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“On Thursday, the University of California announced its separation with Elsevier, one of the world’s largest — and most profitable — publishers of academic research.

After months of negotiations, the publisher had refused to meet UC’s core demands: universal open access to UC research and a subscription plan that would account for open access publishing fees. So UC walked away.

In the days since, messages of support and congratulations have come pouring in from around the world. Here is a sample of the responses, by turns fiery, joyous, and heartwarming….”

OSU Libraries and Elsevier, one of the world’s major providers of scientific, technical and medical information | Libraries | Oregon State University

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“In early 2019, OSU Libraries began to prepare for its negotiations with the global publisher Elsevier for a possible 2020 contract renewal. The preparation has focused on discussing scenarios with contract partners at the University of Oregon and Portland State, examining Oregon State’s usage of Elsevier content, and gathering data about OSU faculty who are Elsevier editors and authors.

Just last week, the University of California System terminated its subscriptions with Elsevier after months of negotiations failed. The UC system is not the first large research institution or system to walk away from a big deal with a major STEM publisher, but this event has certainly caught the attention of higher education institutions across the United States and Canada. …

Looking ahead, OSU Libraries will begin working with the Faculty Senate Library Committee and the senior administration at OSU to share information about Elsevier usage and costs as well as desired contract terms. We recognize the need to reach out to the OSU research community to keep faculty and graduate students informed, so we expect to host conversations and forums in the coming months to discuss the issues and possible outcomes. Please look for invitations to stay informed and be engaged in OSU Today and on the Libraries’ website….”

UC ends contract with largest scientific publisher in a push for open-access research

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“The University of California will not renew its subscription to Elsevier, the world’s largest scientific publisher, citing inability to reach an agreement that would give public access to all UC research while keeping the costs associated with for-profit journals down.

According to a UC press release, the university aims to make the research produced by its 10 campuses — which account for nearly 10 percent of all U.S. publishing output — available to the world at no cost. UC said Elsevier’s proposed terms would charge UC authors large open-access publishing fees on top of its multimillion-dollar subscription….”

With No Open Access Deal, UC Breaks with Elsevier | The Scientist Magazine

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“The University of California has ended its subscription to journals published by Elsevier, citing a failure to reach an agreement that would lower fees and prioritize open access to its scholars’ work, the UC system announced yesterday (February 28). The decision to stop paying for access to Elsevier’s journals came after eight months of contract negotiations. 

The university system’s previous contract with the publishing giant expired on December 31, and the research heavyweight, accounting for nearly 10 percent of research output in the US, aimed to secure a deal to pay a one-time fee that covered both journal subscriptions and the processing fees to make UC researchers’ articles open access for all readers. …”

With No Open Access Deal, UC Breaks with Elsevier | The Scientist Magazine

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“The University of California has ended its subscription to journals published by Elsevier, citing a failure to reach an agreement that would lower fees and prioritize open access to its scholars’ work, the UC system announced yesterday (February 28). The decision to stop paying for access to Elsevier’s journals came after eight months of contract negotiations. 

The university system’s previous contract with the publishing giant expired on December 31, and the research heavyweight, accounting for nearly 10 percent of research output in the US, aimed to secure a deal to pay a one-time fee that covered both journal subscriptions and the processing fees to make UC researchers’ articles open access for all readers. …”

University of California drops subscriptions to Elsevier, world’s largest publisher of scientific papers – Vox – [https://www.vox.com/science-and-health/2019/3/1/18245235/university-of-california-elsevier-subscription-open-access]

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“The UC system just dropped its $10 million-a-year subscription to the world’s largest publisher of academic journals….

This might seem like an odd move for a university — denying its students access to journals and academic papers they need for homework and research. But it’s driven by principle: The University of California doesn’t want scientific knowledge locked up behind paywalls, and thinks the costs of academic publishing have grown out of control….”

University of California break with Elsevier tipped to boost ‘global revolt’ | Times Higher Education (THE) – [https://www.timeshighereducation.com/news/university-california-break-elsevier-tipped-boost-global-revolt]

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“The University of California system’s decision to end its contract with Elsevier has been hailed as a “major boost for the open access movement”, with scholars predicting it will result in a “snowball effect” on movement away from the use of high-cost subscription journals.

The major US public university system announced on 28 February that it was “taking a firm stand” by not renewing its nearly $11 million-a-year (£8.3 million) scholarly journal subscription to the publishing giant, following attempts to negotiate a new deal….

Michael Eisen, adjunct professor of genetics and development at the University of California, Berkeley, said the move does not go far enough and called for the UC system to adopt an “ironclad mandate” stipulating that all content produced by UC faculty will be made “immediately freely available” and refusing to “pay a single penny for subscription access to content that should be freely available”.

“If they adopted this stance, and stuck to it, other universities would follow suit and publishers would have no choice but to rapidly transition to a fully open access system,” he said….”

Breaking: UC terminates subscriptions with Elsevier in push for open access to publicly funded research | UC Berkeley Library News – [https://news.lib.berkeley.edu/elsevier-outcome]

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“While we did make progress, particularly in the past few weeks, toward defining a model for open access publishing of UC research, Elsevier was ultimately unwilling to meet UC’s key goal: securing universal open access to UC research, as stated in UC’s faculty-driven principles on scholarly communication, while integrating open access publishing fees and subscription fees into a single cost-controlled contract….”